A defendant shall be punished by imprisonment for not less than five years and six months.

(b) the defendant;

A. Part 1 of the defendant's case is erroneous in misunderstanding of facts or misunderstanding of legal principles (the point of rape in the first instance judgment) that the defendant had sexual intercourse under the agreement with the victim and had no raped with the victim. Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged on the sole basis of the victim's statement without credibility is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) Each punishment (five years of imprisonment with prison labor in the first instance court and one year of imprisonment with prison labor in the second instance court) sentenced to the defendant

B. It is unreasonable for the Defendant to order the first instance court to attach an electronic tracking device to the Defendant, even though there is no risk of recommitting a sexual crime.

2. Determination

A. Determination 1 ex officio rendered a judgment on the Defendant’s case and the second judgment, and only the Defendant filed an appeal on the entire Defendant’s case and the second judgment on the attachment order. This court decided to hold a joint trial on each of the above appeals cases. Each of the offenses committed by the Defendant’s case and the second judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one of the Defendant’s case among the first judgment and the second judgment cannot be maintained pursuant to Article 38(1) of the Criminal Act. Furthermore, where the part of the Defendant’s case among the first judgment, among the first judgment, is reversed, the part on the claim for attachment order among the first judgment and the second judgment that should be tried together with the former and sentenced cannot be reversed (see, e.g., Supreme Court Decision 2010Do1754, 2010Do172, Mar. 10, 2011). Meanwhile, Article 25(1)2 of the Act on Welfare of Children and Juveniles from Sexual Abuse under Article 10-15(2) of the Act.